Labor Laws & Money Blog

In the week ending May 16, the advance figure for seasonally adjusted initial claims was 209,000, a decrease of 3,000 from the previous week's revised level. The previous week's level was revised up by 1,000 from 211,000 to 212,000. The 4-week moving average was 202,500, a decrease of 1,500 from the previous week's revised average. The previous week'saverage was revised up by 250 from 203,750 to 204,000.

PORTLAND, OH – Former National Association of Letter Carriers Branch 533 treasurer Samantha Zirkle was sentenced to six years of probation and ordered to pay $74,663 in restitution following a federal investigation by the U.S. Department of Labor.The department’s Office of Labor-Management Standards in Cincinnati found that Zirkle, while serving as treasurer of National Association of Letter Carriers Branch 533, signed and cashed at least 51 unauthorized checks worth $64,663 between May 4, 2022, and March 25, 2024. The unauthorized checks were drawn from the union’s account and made payable to Zirkle for her personal benefit. On April 20, 2026, Zirkle pleaded guilty in the Howard County, Indiana Superior Court 4 to theft. The $74,663 of restitution ordered at sentencing includes the full amount stolen and an additional $10,000 in liquidated damages. Zirkle was also barred from serving as a union official for 13 years.“Samantha Zirkle’s coworkers trusted her to maintain sound fiscal stewardship of their hard-earned dues but instead she treated the union as her personal piggybank,” said Office of Labor-Management Standards Regional Director Megan Ireland in Cincinnati. “The Office of Labor-Management Standards will continue to protect unions and their members by holding accountable anyone attempting to use their position for personal financial gain at the expense of union members.” Labor union fraud such as embezzlement, filing false reports, maintaining false records, destroying or concealing records, and other criminal activity can be reported by email to OLMS-Public@dol.gov, to the OLMS National Office at 202-693-0143, or to your local OLMS field office. Find your local OLMS office.

WASHINGTON – The U.S. Department of Labor and its Office of Inspector General today announced they have jointly issued formal letters demanding that financial institutions immediately preserve funds held in prepaid debit card accounts linked to fraudulent unemployment insurance claims issued across many states during the COVID-19 pandemic. In a letter, Acting Secretary of Labor Keith Sonderling and Inspector General Anthony P. D'Esposito called on the financial institutions to freeze all identified accounts through December 31, 2026, while federal investigators work to recover potentially fraudulent funds tied to pandemic-era UI schemes. The action, in coordination with President Donald J. Trump’s White House Task Force to Eliminate Fraud, led by Vice President J.D. Vance, seeks to prevent stolen taxpayer dollars from disappearing through state unclaimed property processes known as escheatment. “During the pandemic, criminals and bad actors exploited weaknesses to steal billions of dollars from the American people,” said Acting Secretary of Labor Keith Sonderling. “Under President Trump’s leadership, we have made it clear that those days are over. We are working with Vice President Vance to ensure we use every tool at our disposal to track down stolen funds, hold fraudsters accountable, and return money to the taxpayers to ensure this program is used as intended.” “Our office has already issued alert memoranda sounding the alarm, and the time for excuses is over. Every dollar lost through delay or inaction is taxpayer money handed directly to fraudsters. We will pursue every avenue to recover these funds, and we will not allow bureaucrats or criminals to run out the clock,” said Inspector General Anthony P. D'Esposito. During the COVID-19 pandemic, unemployment insurance programs experienced an unprecedented surge in fraudulent claims. Bad actors exploited program vulnerabilities to collect benefits they were never entitled to, in many cases through prepaid debit card accounts administered by financial institutions on behalf of state workforce agencies. Some of those funds remain dormant in accounts that, under normal circumstances, would soon be transferred to state unclaimed property agencies – a process that would make them significantly harder or impossible to recover.To prevent that outcome, the department and its OIG are requesting that the financial institutions:Freeze and preserve all accounts identified in a confidential attachment through Dec. 31, 2026.Cooperate proactively with federal investigators to keep funds identifiable and recoverable.Coordinate directly with the department and its OIG on compliance and preservation efforts.

WASHINGTON – The U.S. Department of Labor’s Office of Foreign Labor Certification today issued sub-regulatory guidance in the form of frequently asked questions to clarify the information employers are required to provide when seeking foreign workers who will be engaged in the operation of a commercial motor vehicle. Specifically, the FAQs now clarify that all job orders and applications for temporary or permanent labor certification for positions which would require foreign workers to operate a commercial motor vehicle must include an English language proficiency standard that is consistent with established federal requirements.Requiring inclusion of the English language proficiency standard in job orders and labor certification applications aims to address two critical issues. First, the department is committed to ensuring the safety of both commercial motor vehicle operators and American drivers. Second, in issuing this guidance, the department seeks to do its part to advance two impactful White House Executive Orders: Enforcing Commonsense Rules of the Road for America’s Truck Drivers and Designating English as the Official Language of the United States.“Holding employers to existing English language proficiency requirements is critical to keeping Americans safe on our roads,” said Acting Labor Secretary Keith Sonderling. “At President Trump’s direction, the Department of Labor is doing our part to ensure that foreign workers possess necessary English language skills to safely operate commercial motor vehicles.”Under current regulations, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration has implemented regulations that prohibit individuals, including foreign nationals, from operating a commercial motor vehicle unless they possess the necessary qualifications, including the ability to read and speak English sufficiently to understand traffic signs, communicate with the general public, respond to official inquiries, and make entries in reports and other records. While the Federal Motor Carrier Safety Administration is primarily responsible for enforcement, the department’s Office of Foreign Labor Certification also ensures that employers include the required skills, qualifications, and certifications for job opportunities involving commercial motor vehicle operation, which includes English language proficiency. Although a significant portion of the regulated community already complies with this federal requirement, the department wants to ensure uniformity among all employers seeking to hire foreign workers as commercial motor vehicle operators, helping to ensure maximum safety for America’s roadways.“As part of our responsibility to review job orders and labor certification applications for compliance with federal law, the Department of Labor ensures required qualifications – such as the English language proficiency standard—are clearly stated in employer filings,” said Brian Kennedy, director of the Office of Foreign Labor Certification’s Office of Immigration Policy . “This helps promote safety for everyone through regulatory compliance while ensuring clarity and consistency for workers, employers, and federal partners.”If employers fail to include the required English language proficiency standard, the Department of Labor will issue the employer a “Notice of Deficiency” and pause processing of the labor certification application until the employer corrects the filing, as outlined in the FAQs.Screening and testing for English language proficiency remains the responsibility of the Federal Motor Carrier Safety Administration and, for foreign workers seeking visas, the U.S. Department of State, which conducts its own proficiency assessments during visa interviews.Implementation of these FAQs will be delayed by a period of 30 days following their publication on May 14, 2026, to allow the regulated community time to review and will be applied prospectively to filings thereafter. Read the FAQs on the English language proficiency standard for commercial motor vehicle drivers.

WASHINGTON – The U.S. Department of Labor’s Wage and Hour Division today announced the publication of a technical amendment to restore the applicable regulations governing the exemption of executive, administrative, and professional employees under the Fair Labor Standards Act. The Department’s technical amendment removes from the Code of Federal Regulations the regulatory language from a 2024 rule that was judicially vacated, and republishes the operative regulations, which were established in a rule the department issued in 2019. The restored regulations require that most exempt executive, administrative, and professional employees be paid a salary of at least $684 per week. The regulations also set a total annual compensation threshold of $107,432 for certain highly compensated employees.  “The Wage and Hour Division is committed to ensuring that its regulations accurately reflect the proper standards and requirements that we enforce,” said Wage and Hour Division Administrator Andrew Rogers.  “It is critical that each element of the section 13(a)(1) exemptions – duties, salary basis, and salary level requirements – be clearly framed for the benefit of both employees and employers.” This technical amendment is effective immediately upon publication in the Federal Register.Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the FLSA, as well as certain potential violations under the Family and Medical Leave Act.Read the technical amendment.